Dangerous products kill thousands of Americans every year. From defective auto parts to hazardous children’s toys to tainted food and drugs, product defects cause immense tragedy and grief. If you lost a loved one because of a faulty or unsafe product, you may be able to file a defective product lawsuit. We are here to help you understand your rights and options during this difficult time. Our compassionate care team provides free information and support to families affected by wrongful death from product defects.
What Is Considered a Defective Product?
A product is defective if it has a flaw that makes it unreasonably dangerous, even when used as intended. There are three main types of product defects:
- Design defects: The product was inherently unsafe due to design flaws even before manufacturing. The entire line of products is affected.
- Manufacturing defects: The product became unsafe during the manufacturing process, deviating from its intended design. Only some products are affected.
- Marketing defects: The product lacked proper instructions, safety warnings, or labeling about potential hazards.
Examples of defective products that commonly lead to injuries and deaths include:
- Vehicles with faulty brakes, tires, seatbelts, airbags, or other parts
- Children’s toys, cribs, high chairs and other products with choking, suffocation, fall or laceration hazards
- Industrial machinery and tools lacking proper safeguards
- Tainted food, over-the-counter drugs and prescription medications
- Medical devices such as implants and pacemakers
- Household appliances that pose fire, electrical or tip-over risks
- Toxic materials like asbestos or lead paint
Who Is Liable for Deaths Caused by Defective Products?
When defective products turn deadly, manufacturers, designers, suppliers, distributors, and/or retailers may all share liability. This is called the “chain of distribution.” Anyone involved in getting that product to market may be held legally responsible if the defect was present when the product left their control.
Defective product lawsuits fall under an area of law called product liability. These cases do not require proving that the company was negligent. Under strict liability, the manufacturer is responsible for ensuring their products are safe before releasing them to the public. If someone dies because a product was defective, the company is liable even if they were not careless in making it.
However, the plaintiff must prove that:
- The product had a defect that made it unreasonably dangerous
- The defect caused the death
- The product was being used as intended
What Damages Are Available in a Product Defect Lawsuit?
No amount of money can ever make up for the loss of human life. However, the civil justice system allows certain family members to recover damages in a defective product lawsuit. While each case is unique, plaintiffs in a wrongful death lawsuit may be entitled to compensation for:
- Medical expenses
- Funeral and burial costs
- Loss of the deceased person’s expected income and employment benefits
- Loss of inheritance
- Punitive damages, in some cases, to punish especially egregious conduct
Filing a defective product lawsuit not only helps provide financial security and a sense of justice – it also helps hold corporations accountable for putting profits over people’s lives and safety. Wrongful death lawsuits spur companies to make important changes to prevent others from suffering the same tragedy in the future.
What Is the Statute of Limitations on Defective Product Lawsuits?
It is critical to be aware of the statute of limitations, which sets a strict time limit on your ability to file a defective product lawsuit. If you miss this window, the court will likely dismiss your case.
In Arizona, the statute of limitations for wrongful death lawsuits, including those involving defective products, is generally two years from the date of the death. However, the time limit may be paused for certain reasons, such as if the cause of death was not discovered right away.
South Carolina has a three-year statute of limitations for product liability actions, starting from the date of death. This also may be extended in some situations.
How Do I Prove a Product Defect Caused a Wrongful Death?
Proving that a defective product caused a loved one’s death can be complex. Successful cases require an in-depth investigation to uncover corporate wrongdoing and a nuanced understanding of product liability law. There are many types of evidence that may be used to support a defective product lawsuit:
- The faulty product itself
- Business records on how the product was developed and tested
- Depositions from company executives and employees
- Expert analysis and accident reconstruction
- Medical records showing the cause of death
- Eyewitness testimony
- Any history of similar incidents or complaints involving the product
Corporations have teams of high-powered lawyers ready to fight and erect roadblocks. Our compassionate care team can connect you with accomplished defective product lawsuit attorneys to build the strongest case possible. You do not have to navigate this daunting process alone.
Why Consider Filing a Defective Products Lawsuit?
We know that a lawsuit is probably the last thing on your mind when you are grieving the loss of a family member. Taking legal action can never replace your loved one. However, there are important reasons to consider a defective product lawsuit:
- Justice and accountability. Your loved one’s life had value. Pursuing a wrongful death claim is a way to acknowledge that profound loss and hold the responsible parties accountable. A wrongful death lawsuit is often the only way to uncover the truth about what the company knew about the product’s dangers.
- Preventing future harm. Lawsuits put immense pressure on companies to make meaningful safety improvements and remove dangerous products from the market. Your case could be the tipping point that spurs important changes and regulations. Taking a stand could save countless lives.
- Protecting your family’s financial future. Losing a loved one often causes significant financial strain, especially if they were a primary earner. A successful lawsuit can provide crucial compensation to help with medical bills, funeral expenses, and the loss of income and support.
Let Us Help
Our compassionate Care Team understands that no one should have to endure the pain of losing a family member because of a corporation’s negligence and greed. While taking legal action is a highly personal decision, we believe you deserve to understand all your options. Reach out to us for information and support. We are here to provide steadfast guidance as you navigate this heartbreaking time.
